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SEC. 2. Electors shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom.

SEC. 3. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger.

SEC. 4. The election of governor, senators and representatives, shall be on the second Monday of September annually forever.

ARTICLE III.

DISTRIBUTION OF POWERS.

SEC. 1. The powers of this government shall be divided into three distinct departments, the legislative, executive and judicial.

SEC. 2. No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in cases herein expressly directed or permitted.

ARTICLE IV. - Part First.

LEGISLATIVE POWER-HOUSE OF REPRESENTATIVES.

SEC. 1. The Legislative power shall be vested in two distinct branches, a house of representatives, and a senate, each to have a negative on the other, and both to be styled the Legislature of Maine, and the style of their acts and laws, shall be, "Be it enacted by the senate and house of representatives in legislature assembled."

SEC. 2. The house of representatives shall consist of [not less than one hundred nor more than two hundred*] members, to be elected by the qualified electors for one year from the day next preceding the annual meeting of the legislature. The legislature, which shall first be convened under this constitution, shall, on or before the fifteenth day of August in the year of our Lord one thousand eight hundred and twenty one, and the legislature, within every subsequent period of at most ten years and at least five, cause the number of the inhabitants of the state to be ascertained, exclusive of foreigners not naturalized, and Indians not taxed. The number of representatives shall, at the several periods of making such enumeration, be fixed and apportioned among the several counties, as near as may be, according to the number of inhabitants, having regard to the relative increase of population. The number of representatives shall, on said first apportionment, be not less than one hundred nor more than one hundred and fifty; [and, whenever the number of representatives shall be two hundred, at the next annual meetings of elections, which shall thereafter be had, and at every subsequent period of ten years, the people shall give in their votes, whether the number of representatives shall be increased or diminished; and if a majority of votes are in favor thereof, it shell be the duty of the next legislature thereafter to increase or diminish the number by the rule hereinafter prescribed.*]

*The words one hundred and fifty one have been substituted by the people for the words here included in brackets.

SEC. 3. Each town having fifteen hundred inhabitants may elect one representative; each town having three thousand seven hundred and fifty may elect two; each town having six thousand seven hundred and fifty may elect three; each town having ten thousand five hundred may elect four; each town having fifteen thousand may elect five; each town having twenty thousand two hundred and fifty may elect six; each town having twenty six thousand two hundred and fifty inhabitants may elect seven; but no town shall ever be entitled to more than seven representatives: and towns and plantations duly

*The lines included in brackets have been stricken out by the people,

organized, not having fifteen hundred inhabitants, shall be classed, as conveniently as may be, into districts containing that number, and so as not to divide towns; and each such district may elect one representative; and, when on this apportionment the number of representatives shall be two hundred, a different apportionment shall take place upon the above principles; and, in case the fifteen hundred shall be too large or too small to apportion all the representatives to any county, it shall be so increased or diminished as to give the number of representatives according to the above rule and proportion; and whenever any town or towns, plantation or plantations not entitled to elect a representative shall determine against a classification with any other town or plantation, the legislature may, at each apportionment of representatives, on the application of such town or plantation, authorized it to elect a representative for such portion of time and such periods, as shall be equal to its portion of representation; and the right of representation, so established, shall not be altered until the next general apportionment.

SEC. 4. No person shall be a member of the house of representatives, unless he shall, at the commencement of the period for which he is elected, have been five years a citizen of the United States, have arrived at the age of twenty one years, have been a resident in this state one year, or from the adoption of this constitution; and for the three months next preceeding the time of his election shall have been, and, during the period for which he is elected, shall continue to be a resident in the town or district which he represents.

SEC. 5. The meetings for the choice of representatives shall be warned in due course of law by the selectmen of the several towns seven days at least before the election, and the selectmen thereof shall preside impartially at such meetings, receive the votes of all the qualified electors present, sort, count and declare them in open town meeting, and in the presence of the town clerk, who shall form a list of the persons voted for, with the number of votes for each person against his name, shall make a fair record thereof in the presence of the selectmen, and in open town meeting; and a fair copy of this list shall be attested by the selectmen and town clerk, and delivered by said selectmen to each representative within ten days next after such election. And the towns and plantations organized by law, belonging to any class herein provided, shall hold their meetings at the same time in the respective towns and plantations; and the town and plantation meetings in such towns and plantation shall be notified, held and regulated, the votes received, sorted, counted and declared in the same manner. Ahd the assessors and clerks of plantations shall have all the powers, and be subject to all the duties, which selectmen and town clerks have, and are sabject to by this constitution. And the selectmen of such towns, and the assessors of such plantations, so classed, shall, within four days next after such meeting, meet at some place to be prescribed and notified by the selectmen or assessors of the eldest town or plantation, in such class, and the copies of said lists shall be then examined and compared; and in case any person shall be elected by a majority of all the votes, the selectmen or assessors shall deliver the certified copies of such lists to the person so elected, within ten days next after such election; and the clerks of towns and plantations respectively shall seal up copies of all such lists and cause them to be delivered into the secretary's office twenty days at least before the first Wednesday in January annually; but in case no person shall have a majority of votes, the selectmen and assessors shall, as soon as may be, notify another meeting, and the same proceedings shall be had at every future meeting until an election shall have been effected: provided, that the legislature may by law prescribe a different mode of returning, examining and ascertaining the election of the representatives in such classes.

SEC. 6. Whenever the seat of a member shall be vacated by death, resignation, or otherwise, the vacancy may be filled by a new election.

SEC. 7. The house of representatives shall choose their speaker, clerk and other officers.

SEC. 8. The house of representatives shall have the sole power of impeachment.

ARTICLE IV.-Part Second.

SENATE.

SEC. 1. The senate shall consist of not less than twenty, nor more than thirty one members, elected at the same time, and for the same term, as the representatives, by the qualified electors of the districts, into which the state shall from time to time be divided.

SEC. 2. The legislature, which shall be first convened under this constitution, shall on or before the fifteenth day of August in the year of our Lord one thousand eight hundred and twenty one, and the legislature at every subsequent period of ten years, cause the state to be divided into districts for the choice of senators. The districts shall conform, as near as may be, to county lines, and be apportioned according to the number of inhabitants. The number of senators shall not exceed twenty at the first apportionment, and shall at each apportionment be increased, until they shall amount to thirty one, according to the increase in the house of represent

atives.

SEC. 3. The meetings for the election of senators shall be notified, held and regulated, and the votes received, sorted, counted, declared and recorded, in the same manner as those for representatives. And fair copies of the list of votes shall be attested by the selectmen and town clerks of towns, and the assessors and

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